BASDEO MISRA Vs. BADAL MISRA

JUDGEMENT

(1.) This is an application for transfer of a case under Section 323 of the Indian Indian Penal Code (Basdeo Misra V/s. Badal Misra, and others) pending in the panchayat at Sonbarsa.

(2.) A preliminary objection is taken to the hearing of this application by Mr. Pandey on the ground that a panchayat constituted under the provision of Act 6 of 1920 (United Provinces Village Panchayats Act) is not a Court within the meaning of Ch. 2 of the Criminal P.C., and as it is not a criminal Court within the meaning of that Act, Section 526 of the Criminal P.C. has no application, and as such this Court has no jurisdiction to transfer a case pending before a panchayat.

(3.) The matter was considered by a Division Bench of this Court in the case of Sat Narain V/s. Sarju A.I.R. 1924 All. 265. One of the learned Judges was of opinion that a panchayat constituted under the provisions of the Local Act referred to above is not a "criminal Court" and as such this Court has no jurisdiction under Section 526 of the Criminal P.C. to transfer a case pending before a panchayat. He was further of opinion that Section 22 of the Letters Patent did not vest jurisdiction in this Court to transfer a case from a village panchayat.